New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Complex Lit Blog

Spoliation — the Ellison/Oracle Decision — Adverse Inference Applied on Summary Judgment

The press has widely reported the fact that Larry Ellison, founder of Oracle, has been sanctioned for spoliation. The opinion, Nursing Home Pension Fund v. Oracle Corp., 2008 U.S. Dist. LEXIS 66740 (N.D. Cal. Sept. 2, 2008), has a few points of interest. First, the plaintiffs complained that the litigation hold notice went out to only 30 of Oracle ...
The press has widely reported the fact that Larry Ellison, founder of Oracle, has been sanctioned for spoliation. The opinion, Nursing Home Pension Fund v. Oracle Corp., 2008 U.S. Dist. LEXIS 66740 (N.D. Cal. Sept. 2, 2008), has a few…
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Federal Rule of Evidence 502 Will Be Law By September 22, 2008

The statute that is Federal Rule of Evidence 502 was sent to the President on September 11, 2008. If not vetoed (and it will not be vetoed) or signed sooner, it will become law within 10 days of September 11, 2008. ...
The statute that is Federal Rule of Evidence 502 was sent to the President on September 11, 2008. If not vetoed (and it will not be vetoed) or signed sooner, it will become law within 10 days of September 11, 2008.
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Negligence Action for Damages Arising from Third-Party Spoliation Permitted Under New York Law

From Newton v. City of New York, 2008 U.S. Dist. LEXIS 54084 (S.D.N.Y. July 16, 2008): New York does not recognize the tort of "third-party negligent spoliation of evidence." [N. 126: Ortega v. City of New York, 9 N.Y.3d 69 (2007).] However, the courts appear to permit an action for the negligent destruction of evidence so long ...
From Newton v. City of New York, 2008 U.S. Dist. LEXIS 54084 (S.D.N.Y. July 16, 2008): New York does not recognize the tort of “third-party negligent spoliation of evidence.” [N. 126: Ortega v. City of New York, 9 N.Y.3d 69…
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Forum Selection Clause Does Not Prevent 28 U.S.C. § 1404 Transfer — When Non-Signatories Are Bound by Forum Selection Clause

The forum selection clause in Elite Sports Enters. v. Lococo, 2008 U.S. Dist. LEXIS 67472 (D.N.J. Sept. 5, 2008), provided: 13.2 Choice of Law and Selection of Venue. Except as provided in Paragraph 13.9 hereof, this Agreement shall be governed by the laws of the State of New Jersey . . . The parties further agree that any actio ...
The forum selection clause in Elite Sports Enters. v. Lococo, 2008 U.S. Dist. LEXIS 67472 (D.N.J. Sept. 5, 2008), provided: 13.2 Choice of Law and Selection of Venue. Except as provided in Paragraph 13.9 hereof, this Agreement shall be governed…
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Federal Rule of Evidence 502 Has Passed Congress

Download associated file: Fed R Evid 502.pdf  On Monday, September 8, 2008, the House passed Federal Rule of Evidence 502 (Waiver of Privilege and Work Product). The Senate passed the Rule on February 27, 2008, and the President is expected to sign it into law shortly. ...
Download associated file: Fed R Evid 502.pdf  On Monday, September 8, 2008, the House passed Federal Rule of Evidence 502 (Waiver of Privilege and Work Product). The Senate passed the Rule on February 27, 2008, and the President is…
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Hedonic Damages, Daubert and the Province of the Jury

From Martinez v. Caterpillar, Inc., 2007 U.S. Dist. LEXIS 97414 (D.N.M. Sept. 6, 2007): While New Mexico permits the recovery of hedonic damages, expert testimony attempting to quantify such damages invades the fact finder's domain. See Romero v. Byers, 117 N.M. 422, 428, 872 P.2d 840, 846 (1994); Couch v. Astec Industries, In ...
From Martinez v. Caterpillar, Inc., 2007 U.S. Dist. LEXIS 97414 (D.N.M. Sept. 6, 2007): While New Mexico permits the recovery of hedonic damages, expert testimony attempting to quantify such damages invades the fact finder’s domain. See Romero v. Byers, 117…
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Inherent Power Sanctions — High Threshold for Bad Faith — Limiting Language

After the plaintiffs prevailed in their civil rights action in Mendez v. County of San Bernardino, 2008 U.S. App. LEXIS 18426 (9th Cir. Aug. 27, 2008), the trial judge sanctioned plaintiffs’ lead counsel for failure to appear personally at a hearing on an Order to Show Cause, although it was not specified in the order that lead counsel personally was requi ...
After the plaintiffs prevailed in their civil rights action in Mendez v. County of San Bernardino, 2008 U.S. App. LEXIS 18426 (9th Cir. Aug. 27, 2008), the trial judge sanctioned plaintiffs’ lead counsel for failure to appear personally at a…
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Equitable Doctrine of Laches May, But Presumptively Does Not, Bar a Copyright Infringement Action Filed within the Statute of Limitations — Circuit Split

Equitable Doctrine of Laches May, But Presumptively Does Not, Bar a Copyright Infringement Action Filed within the Statute of Limitations — Circuit Split From Peter Letterese & Assocs., Inc. v. World Institute of Scientology Enters., 533 F.3d 1287 (11th Cir. 2008): In answering the question of whether the defense of laches may be inter ...
Equitable Doctrine of Laches May, But Presumptively Does Not, Bar a Copyright Infringement Action Filed within the Statute of Limitations — Circuit Split From Peter Letterese & Assocs., Inc. v. World Institute of Scientology Enters., 533 F.3d 1287 (11th Cir.…
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It Turns Out That “Is” Actually Means “Is,” At Least Sometimes

From Judge Milton Shadur’s opinion for the Ninth Circuit in Guidiville Band of Pomo Indians v. NGV Gaming, Ltd., 531 F.3d 767; 2008 U.S. App. LEXIS 13474 (9th Cir. 2008): This appeal presents the single, seemingly straightforward question whether the word "is" really means "is," at least as that word is employed in 25 U.S.C. § 81. At ...
From Judge Milton Shadur’s opinion for the Ninth Circuit in Guidiville Band of Pomo Indians v. NGV Gaming, Ltd., 531 F.3d 767; 2008 U.S. App. LEXIS 13474 (9th Cir. 2008): This appeal presents the single, seemingly straightforward question whether the…
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Recent Posts

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit):  Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

FRAP 38 Sanctions Imposed Due to the “Striking Legal Emptiness” of Brief/Appeal, “A Legal Nothingburger” — Bad Faith Not Required: An Appeal “May Also Be Frivolous If It Is Filed Out Of Sheer Obstinacy” (Good Quotes)

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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